Out In The Mountains : Columns

Unless you’ve been away on extended vacation or to avoid all (other) media, you probably know by now that the Vermont House has passed H.847, “An Act Relating to Civil Unions.” The bill still has a long way to go before it becomes law: through the Senate Judiciary Committee to the full Senate, back to the House if the Senate changes it, to a conference committee of both chambers if the House doesn’t pass the Senate’s version, back to both chambers again, then to the Governor. Nonetheless, it helps to know what the bill does and doesn’t do.

What is a Civil Union? >If the bill passes, “Civil Union” will be a new legal status available to same-sex couples. Some Representatives unsuccessfully tried to eliminate all incest prohibitions in civil unions--that is, they tried to amend the bill so parents and children, or siblings, could enter a civil union. They are expected to try this again in the Senate, under the guise of “opening up” civil unions to “more categories of people.”

How do you get a Civil Union?

If the bill passes, a couple will get a license from a town clerk, have it certified by a justice of the peace, clergy member, or other qualified person who oversees the union ceremony, and then file the license back with the town clerk.

What happens while you’re in a Civil Union?

Parties to a civil union will be subject to the same legal responsibilities, and protections, as married couples. These include:

automatic inheritance rights without having to get a will, and broad protections for surviving partners under probate laws

right to dispose of partner’s bodily remains upon death

preference for becoming partner’s guardian if partner is incapacitated

preference for making health care decisions without having to execute a Power of Attorney

right to visit in the hospital

wrongful death cause of action if partner is killed in an accident

loss of consortium claim if partner is injured due to another’s negligence

exemption from Property Transfer Tax when one person puts his or her partner’s name on the deed and mortgage

right to hold property as Tenants by the Entirety, protecting property from some creditors

communication privileges, so partners cannot be forced to testify against the other

leave from work to care for an ill partner under family medical leave laws

leave from work when one’s partner gives birth to or adopts a child under parental leave law

rights as a stepparent for a child of the other partner

protection from discrimination in insurance and credit (to get, for example, joint car insurance)

greater access to health insurance coverage to partners in a civil union

How do you end a Civil Union?

The civil union bill contemplates that couples will remain in a civil union until parted by death. A couple wishing to terminate a civil union, can file a dissolution proceeding in family court that follows the same procedures and applies the same laws as a married couple going through a divorce. That means a party to a civil union may be required to provide support (alimony) to the other upon dissolution, and any property owned by either party may be subject to division by the family court.

Is this just marriage by another name?

No. This law represents a difficult compromise for advocates of full and genuine equality for same-sex couples. A couple in a civil union will face greater legal obstacles if they ever move from Vermont than a couple in a marriage even a same-sex marriage. Although parties to a civil union will have greater access to family health insurance than gay and lesbian couples presently have, they will still have less access to such coverage than if they could legally marry. Plus, although the law assigns a state-recognized legal status to same-sex couples — an advance long overdue — it is separate from civil marriage and reinforces just how far we have to go before we reach a place of genuine legal equality with our heterosexual neighbors.

Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool.. If you’d like to see us cover a particular topic, please feel free to write OITM or call us at 388-6356.